Latif (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 188 (Business Innovation and Investment (Provisional)) visa, Business Innovation Extension stream, made by Mr Latif. The primary issue before the Tribunal was whether the applicant, through his wife, met the criteria for this visa subclass, specifically concerning the need to reside in Australia to operate the main business, having an ownership interest in that business, and demonstrating that the business was actively operating.

The Tribunal was required to determine if the applicant satisfied clauses 188.231, 188.232, and 188.233 of Schedule 2 to the Migration Regulations. Clause 188.231 mandates that the applicant must demonstrate a need to be resident in Australia to operate their main business. Clause 188.232 requires proof of an ownership interest in the main business, and clause 188.233 concerns the business being actively operating.

The Tribunal found that Mrs Latif, operating under the family's corporate entity, Homaz Pty Ltd, had established a new skin and beauty clinic in Melbourne. Despite initial plans for a real estate consultancy business targeting Iranian-Australian clients, the COVID-19 pandemic significantly impacted its viability. Mrs Latif then pursued studies online and secured a long-term lease for premises to operate the beauty clinic. Her husband continued to manage the real estate business and provided technical support for the new venture. The Tribunal reviewed documentary evidence, including qualifications, customer and staff reviews, and Business Activity Statements, concluding that Mrs Latif was genuinely required to be resident in Australia to operate this new business. Consequently, the Tribunal determined that the criteria under clauses 188.231, 188.232, and 188.233 were met.

Given these findings, the Tribunal remitted the applications for the Subclass 188 visas for reconsideration by the Minister, with a direction that the primary applicant met the specified criteria. The reconsideration was to include the assessment of remaining criteria for the visa and consideration for secondary applicants.